Pa. justice to step down May 1, before sentencing

Monday, March 25, 2013

HARRISBURG (AP) — A Pennsylvania Supreme Court justice who was convicted last month of using taxpayer-paid staff for political campaigns told the governor Monday she is resigning from the bench as of May 1, about a week before she will learn her sentence.

The letter from Justice Joan Orie Melvin to Gov. Tom Corbett said she made the decision “with deep regret and a broken heart.”

“It is my fervent hope that my service over the past three decades will not be tainted by the circumstances surrounding my departure,” wrote Melvin, who then listed accomplishments, including 8,000 decisions over 15 years and “respect for the taxpayers” shown by declining a pay raise and “consistently maintaining low office expenses.”

Melvin said in the letter she plans to appeal the jury’s verdict, which found her guilty of using government employees to work on her 2003 and 2009 campaigns for the high court. Her sentencing is May 7.

Corbett said Melvin made the “correct” decision.

“This will save taxpayers the time and expense of impeachment proceedings in the House and Senate, and allow legislators to focus on other important issues,” the Republican governor said in a statement.

Melvin has been suspended without pay from the court since August. Her lawyers released the letter but did not respond to a message seeking a phone interview.

Melvin’s sister and aide, Janine Orie, also was convicted of misusing state-paid staffers to do campaign work. They were both found guilty of theft of services, conspiracy and misappropriation of state property. Melvin was acquitted of official oppression.

A third sister, former state Sen. Jane Orie, R-Allegheny, is serving 2½ to 10 years in prison after a separate conviction on similar charges related to her own political campaigns.

The staunchly Republican, conservative Catholic sisters from Pittsburgh’s North Hills suburbs have argued the charges were overblown or outright lies whipped up by Allegheny County District Attorney Stephen Zappala Jr., a Democrat, allegedly because the Ories have opposed the expansion of legalized gambling, an industry in which Zappala’s relatives had an interest.

Zappala said the investigation began simply because an intern for then-Sen. Orie complained in 2009 about political campaign work the legislative staff was being made to do for Melvin, just days before she won a seat on the state’s highest court. The former senator was ultimately acquitted of charges she used her staff on Melvin’s behalf but was convicted of using the staff for her own campaigns.

Jury foreman Matt Mabon told The Associated Press after convicting Melvin last month that the panel largely put aside Jane Orie’s alleged role, and decided the counts against Janine Orie first because “all the evidence pointed to Janine Orie. There was a lot more emails of Janine Orie directing people what to do.” The evidence that Melvin used her Superior Court staff politically, though strong, was more circumstantial, he said.

Melvin’s widely anticipated resignation clears the way for Corbett to nominate someone to take her place on the Supreme Court. Her departure will leave the court with a 3-3 partisan divide with one vacancy.

Corbett said he would nominate an interim justice as soon as practical within the allotted 90 days after Melvin’s resignation takes effect. If confirmed by two-thirds of the Senate, that person would serve until voters elect a new justice in 2015 to a full 10-year term.

Another option would be for the remaining six justices to appoint someone until voters elect a justice to serve a full 10-year term, which would not occur until the 2015 election, Chief Justice Ronald Castille said Monday. That option would not require Senate confirmation, he said.

“We’ve been reviewing this situation ever since we’ve had to suspend Orie Melvin from the court because of her felony charges,” he told reporters after speaking at a Pennsylvania Press Club luncheon in Harrisburg.

Castille called her resignation a “sad day,” but declined to comment further, including about whether they spoke about her plans to step down.